Categories: Insights, Publications · News, Publications

Tag: Cassazione, ferie


16 Oct 2020

The Supreme Court reaffirms the right to the inalienability of holidays/annual leave (Guida al Lavoro de Il Sole 24 Ore, 16 October 2020 – Vittorio De Luca and Antonella Iacobellis)

Supreme Court no. 13613/2020 stated that: “The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated from and whose implementation by the competent national authorities can only be carried out within the limits explicitly indicated by Directive 2003/88. It is not compatible with art. 7 of the aforementioned directive, a national legislation that provides for an automatic loss of the right to paid annual leave, not subject to prior verification that the worker has actually had the possibility to exercise this right, in fact the employee must be considered the weak party in the employment relationship. work, so that it is necessary to prevent the employer from having the right to impose a restriction on his rights “.

Therefore, the non-payment of a financial allowance for the annual leave not taken at the time of the termination of the employment relationship would not only be in conflict with

  • Article 7 “Annual leave” of Directive 2003/88 according to which: “1. Member States shall take the necessary measures to ensure that each employye benefits from paid annual leave of at least 4 weeks, according to the conditions for obtaining and granting national practices. 2. The minimum period of paid annual leave cannot be replaced by a financial allowance, except in the event of termination of the employment relationship.“;
  • but also with Article 36 Italian Constitution: “The worker has the right to a remuneration proportionate to the quantity and quality of his work and in any case sufficient to ensure a free and dignified existence for himself and his family. The maximum duration of the working day is established by law. The worker has the right to weekly rest and paid annual leave, and cannot renounce them ”.


Source: Guida al lavoro de Il Sole 24 ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…